Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory as well as to public lawyers and social scientists
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In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Band 5, Heft 3, S. 292-315
This paper is essentially an abridged version of the Final Report of the Society of Public Teacher's of Law (S.P.T.L.) Working Party on Law Publishing, presented in August 1977. The Working Party was established in May 1974 with the following terms of reference, "To investigate the problems of law publishing as they bear on legal scholarship and legal research and to make recommendations", and its aim was to represent the interests of teachers, students, researchers and authors concerned with all levels of academic law in the British Isles. Although our findings are not specifically related to the task of the law librarian I hope that members of the International Association of Law Libraries will be interested in this view of law publishing from the perspective of the legal academic profession. It should be made clear that this study was not conceived of as a project of pure academic research into the British law book trade, rather, as the tenor of the paper will reveal, its purpose was to stimulate a greater awareness of the problems facing publishers, authors and educators and to define some possible strategies for the different groups concerned. The Working Party has therefore seen its role as twofold. Its first function was to investigate and analyse the current situation in law publishing in the light of the problem created by inflation. It was felt that rising costs and prices were likely to have a serious effect on publication of some important types of scholary and educational material which were not immediately commercially attractive and also on levels of provision of books and other material in libraries and for students generally. Information was sought by questionnaire, correspondence and interview from different groups involved in the production and consumption of academic legal literature (publishers, periodical editors, librarians and lecturers) and from other bodies and individuals concerned with the general problems of academic publishing. In the course of our investigations it became apparent that the Working Party could perform a number of useful functions beyond that of pure research. In the final year of its existence it has, therefore, adopted a slightly more active policy. It has seen its second function as that of stimulating activity on the problems themselves, through advice to the academic legal community on the publication of their work, through encouragement of further research projects in specific areas and through discussion with publishers, editors and others involved in the production of legal material. Its advisory role is reflected in the series of separate working papers on aspects of law publishing and production of materials.
In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.
In: Bruijn , M 2021 , ' The alternative war on drugs : drug evictions, cannabis regulation and the legal consequences of adapting to the limitations of criminal law in the field of drug control ' , Doctor of Philosophy , University of Groningen , [Groningen] . https://doi.org/10.33612/diss.168718831
The Alternative War on Drugs Drug Evictions, Cannabis Regulation and the Legal Consequences of Adapting to the Limitations of Criminal Law in the Field of Drug Control Various scholars affirm that the criminal justice system has failed both to reduce drug consumption and to curb drug-related crime; they argue that the war on drugs is waning, and sputtering to close. However, Bruijn's research shows that the war on drugs changing, rather than waning. Countries have adapted to the constraints of the criminal justice system. Bruijn's thesis focuses on two of these adaptations: 1) the (re)regulation of cannabis in Canada and the Netherlands; and 2) the use of eviction to fight drug-related crime in the Netherlands and the United States. Bruijn used three different types of research methods to study these two developments: doctrinal legal research methods, comparative legal research methods and quantitative research methods. In her dissertation, Bruijn shows that the limitations of the criminal justice system have led several jurisdictions to liberalise or legalise the use, possession, sale and production of cannabis. In 2018, Canada became the first G7 country to officially allow the regulation of the entire cannabis market. The Netherlands drew away from a punitive prohibition style decades ago, by tolerating small-scale retail of cannabis in coffeeshops. The Dutch government recently decided to start an experiment with regulated cannabis cultivation in 2021. The UN drug conventions no longer appear to be an obstacle for both countries. To date, both countries have received international criticism for their liberal cannabis policies, but there have been no real repercussions. Another way of dealing with the failing criminal justice system is to use administrative and private law. Behind drug activities lies not only the threat of a criminal sanction, but also the threat of losing of one's home. A major advantage of the use of administrative and private law is that these areas of law provide fewer legal safeguards than criminal law. Bruijn's research shows that the protection offered to evictees in court cases about drug evictions in the Netherlands and the US, does not compensate this lack of legal safeguards. In fact, both the right to a fair trial and the right to housing are under severe pressure. The Netherlands and the US have adapted their fight against drug-related crime to the limitations of criminal law, but Bruijn's research shows that legal protection offered by human rights has not (yet) adapted to this alternative war on drugs.
Predictive algorithms are increasingly being deployed in a variety of settings to determine legal status. Algorithmic predictions have been used to determine provision of health care and social services, to allocate state resources, and to anticipate criminal behavior or activity. Further applications have been proposed to determine civil and criminal liability or to "personalize"legal default rules. Deployment of such artificial intelligence (AI) systems has properly raised questions of algorithmic bias, fairness, transparency, and due process. But little attention has been paid to the known sociological costs of using predictive algorithms to determine legal status. A large and growing social science literature teaches the effects of "algorithmic living,"documenting how humans interact with machine generated assessments. Many of these interactions are socially detrimental, and such corrosive effects are greatly amplified by the increasing speed and ubiquity of digitally automated algorithmic systems. In this Article I link the sociological and legal analysis of AI, highlighting the reflexive social processes that are engaged by algorithmic metrics. This Article examines these overlooked social effects of predictive legal algorithms and contributes to the literature a vital fundamental but missing critique of such analytics. Specifically, this Article shows how the problematic social effects of algorithmic legal metrics extend far beyond the concerns about accuracy that have thus far dominated critiques of such metrics. Second, it demonstrates that corrective governance mechanisms such as enhanced due process or transparency will be inadequate to remedy such corrosive effects, and that some such remedies, such as transparency, may actually exacerbate the worst effects of algorithmic governmentality. Third, the Article shows that the application of algorithmic metrics to legal decisions aggravates the latent tensions between equity and autonomy in liberal institutions, undermining democratic values in a manner and on a scale not previously experienced by human societies. Illuminating these effects casts new light on the inherent social costs of AI metrics, particularly the perverse effects of deploying algorithms in legal systems.